Public Hearing Summaries – Commission For Human Rights

In Dennis Brown vs. State of Alaska, DOC, Division of Institutions, complainant, who was incarcerated in one of respondent’s facilities, alleged that respondent discriminated against him because of his disability when it refused to provide him with a cell that was accessible to persons with disabilities. A hearing scheduled for January 12–13, 2016, was continued when the parties agreed to settle the case. The parties entered into an agreement in which respondent agreed to provide appropriate facilities for inmates with disabilities and to modify its policies to ensure that accommodations provided to inmates were not withdrawn without conducting an individual assessments. On September 15, 2016, the Commission granted the Executive Director’s request to dismiss the case. A settlement agreement was approved on September 2, 2016 agreeing to provide all inmates with necessary accommodations required for their daily lives. The Commission issued a Case Closing Order on September 18, 2016.

In Daren Cummings vs. Alaska Logistics, LLC, complainant alleged that respondent discriminated against him when it refused to investigate or remedy his complaint that a coworker had sexually harassed him, and that as a result his working environment had become so intolerable that he was forced to resign. A hearing scheduled for November 16–18, 2015, was continued after the parties agreed to settle the case. A final settlement agreement was executed in which respondent agreed to pay complainant $53,000 and to obtain training for its Alaska employees on the provisions of the Human Rights Law prohibiting discrimination in employment. Upon compliance with all terms of the agreement, the Executive Director filed a motion to dismiss, which the Commission granted on March 29, 2016.

In April Bunn vs. Seward Chamber of Commerce, complainant alleged that respondent discriminated against her because of her disability when respondent terminated her employment immediately after she suffered a seizure at work. The parties reached a settlement in which respondent agreed to pay Ms. Bunn $24,093 in back pay and to train its staff on the provisions of the Human Rights Law that prohibit discrimination on the basis of disability. After respondent complied with all of the terms of the settlement, the executive director moved to dismiss the case. The Commission issued an order dismissing the case on August 25, 2015.

In Olga Pawlaczyk vs. Meritage Management, LLC, d/b/a/ Inlet Tower, complainant alleged that her employment as a housekeeping supervisor was terminated because of her national origin, Polish. An accusation was issued on April 17, 2015. The Executive Director subsequently learned that respondent had withheld information during the investigation that would have led her to dismiss the case. On October 12, 2015, the Executive Director filed a motion requesting that the administrative law judge recommend dismissal of the case and issue sanctions against respondent for its failure to disclose information. On February 23, 2016, the administrative law judge denied the Executive Director’s motion for sanctions and recommended dismissal of the case. On July 5, 2016, the Commission issued a final order dismissing the case.

In Andrea Westfall vs. I.C.E. Services, Inc., complainant alleged that respondent treated her as a person with a disability when it refused to hire her for a lead cook position at respondent’s facility on the North Slope. Complainant asserted that although she was respondent’s preferred candidate, respondent rejected her application solely because she was taking a prescribed medication. After the accusation was filed, the parties entered into a settlement in which respondent agreed to pay complainant $7,632 and to obtain training for its supervisors and managers on the provisions of the Human Rights Law prohibiting discrimination on the basis of disability and the obligation to provide reasonable accommodations to employees with disabilities. On October 11, 2016, the Executive Director filed an unopposed motion to dismiss the case after the terms of the agreement were substantially satisfied, and the Commission granted the motion on October 14, 2016.

In Connor Carle vs. Sullivan's Steakhouse, the Executive Director and two individual complainants filed three separate complaints against respondent, alleging that respondent terminated the employment of at least five employees, including Mr. Carle and Ms. Peterson, because they were under the age of eighteen. A hearing was held on May 4–7, 2015. On June 14, 2016, the ALJ issued a recommended decision finding that the Human Rights Law does not protect persons under eighteen from age discrimination. The Executive Director filed objections to the recommended decision on June 30, 2016. The ALJ did not rule on the objections and forwarded the unchanged recommendation to the Commission on November 29, 2016. The Commission remanded the case back to OAH on 2/27/2017. A recommended remedial order was issued 6/19/2017. The Executive Director filed her objections to the recommended decision on 7/20/2017. In the Response to Objections dated November 28, 2017, the ALJ recommended that the Commission adopt the damage calculations in the revised recommended order of the same date. On December 13, 2017, the Executive Director filed a Request for Ruling on Jurisdiction and issued its Final Order on May 8, 2018 adopting the proposed order filed on March 8, 2018. In addition to complainant’s payment of $3,291, three other employees received settlements.

In Paula M. Haley vs. Sullivan's Steakhouse, the Executive Director and two individual complainants filed three separate complaints against respondent, alleging that respondent terminated the employment of at least five employees, including Mr. Carle and Ms. Peterson, because they were under the age of eighteen. A hearing was held on May 4–7, 2015. On June 14, 2016, the ALJ issued a recommended decision finding that the Human Rights Law does not protect persons under eighteen from age discrimination. The Executive Director filed objections to the recommended decision on June 30, 2016. The ALJ did not rule on the objections and forwarded the unchanged recommendation to the Commission on November 29, 2016. The Commission remanded the case back to OAH on 2/27/2017. A recommended remedial order was issued 6/19/2017. The Exetive Director filed her objections to the recommended decision on 7/20/2017. In the Response to Objections dated November 28, 2017, the ALJ recommended that the Commission adopt the damage calculations in the revised recommended order of the same date. On December 13, 2017, the Executive Director filed a Request for Ruling on Jurisdiction and issued its Final Order on May 8, 2018 adopting the proposed order filed on March 8, 2018. In total, four employees received settlement payments totaling $11,498.66.

In Sydney Peterson vs. Sullivan's Steakhouse, the Executive Director and two individual complainants filed three separate complaints against respondent, alleging that respondent terminated the employment of at least five employees, including Mr. Carle and Ms. Peterson, because they were under the age of eighteen. A hearing was held on May 4–7, 2015. On June 14, 2016, the ALJ issued a recommended decision finding that the Human Rights Law does not protect persons under eighteen from age discrimination. The Executive Director filed objections to the recommended decision on June 30, 2016. The ALJ did not rule on the objections and forwarded the unchanged recommendation to the Commission on November 29, 2016. The Commission remanded the case back to OAH on 2/27/2017. A recommended remedial order was issued 6/19/2017. The Executive Director filed her objections to the recommended decision on 7/20/2017. In the Response to Objections dated November 28, 2017, the ALJ recommended that the Commission adopt the damage calculations in the revised recommended order of the same date. On December 13, 2017, the Executive Director filed a Request for Ruling on Jurisdiction and issued its Final Order on May 8, 2018 adopting the proposed order filed on March 8, 2018. In addition to complainant’s payment of $2,065.54, three other employees received settlements.